ONTARIO ATTORNEY GENERAL LAW LIBRARY
HQ 72 C2 0572 1992 STK
Inquest into the death of Jonathan Yeo :
00007542
INQUEST INTO THE DEATH OF
JONATHAN YEO: VERDICT OF
THE JURY.
BY: ONTARIO. OFFFICE OF THE
CHIEF CORONER.
1992
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HQ
72
C2
0572
1 992
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1 n q u e s t i n t o t h e d e a t h
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HQ 72 C2 0572 1992
On tar lo¬
in quest into the death
J o n a t ! "i a n V e o 2 v e r d i c t
of
o f
ATTORNEY GENERAL
LAW LIBRARY
MINISTRY QF THE
ATTORNEY GENiXAL
LAW LIBRARY FEB 1 9 1999
♦
INQUEST INTO THE
DEATH OF*
JONATHAN YEO
VERDICT OF THE JURY
MINISTRY OF THE SOLICITOR GENERAL
OFFICER OF THE CHIEF CORONER
APR! L. 13,
1092 TO AUGUS T 17, 1992
- .T
ATTORNEY GENERi
LAW L1BE
'■uRlV:
■ '• V 4*'
1 1 *vt;
f*k/
THE JURY , WISH TO EXPRESS OUR GRATITUDE AND ACKNOWLEDGEMENT TO: rxpE
Mr. E. B. MINDEN
Mr. David E. HARRIS
Counsel for Dr. James G. YOUNG ,
Chief Coroner of Ontario
FOR THEIR ASSISTANCE IN FORMULATING EXPLICIT AND COMPELLING EXPRESSION V-
TO OUR RECOMMENDATIONS .. . / pi
v
WITH SPECIAL THANKS TO THE O.P.P. TEAM:
D/Inspector J. F. GOODLETT
D/Sergeant R. J. DOSMAN
. Sergeant D. B. HYNDMAN ... ‘ •
Sergeant R.. A. WILSON
Prov . /Constable R. W. KOLLEE '
FOR THEIR PROFESSIONALISM AND TOP-NOTCH INVESTIGATION AND TO ALL WHO
HELPED US UNDERSTAND THE COMPLEX ISSUES THAT 'THIS INQUEST PRESENTED ’
v r ■
Ministry ol office oi
1 Vj 1 Ite Solicitor Ihe Chief
■/ General Coroner
Ontario
Minist&re du Bureau
Solliciteur du coroner
g6n6ral enchef
17* , Betty Brohman
Nous soussignAs _ J
Verdict of Coroner's Jury / Verdict du jury du coroner
ol Town of Ancaster
rln
Michelle Burnside
of
City
of
Hamilton
Victoria Misuk
of
City
of
Hamilton
Gregor Partola
of
City
of
Hamilton
Eugene Montero-Rios
of
City
of
Stoney Creek
the Jury serving on ihe Inquest Into the death of: / dument assermontds. formant le jury dans I’enquile sur le dAc&s de:
Surname / Norn de famil'e Given names / Pr^nom
YEO | JONATHAN CHRISTOPHER
aged
dg£(e) de_
on the
le _
by
33
held at
qui a AlA mflnja
50 Main Street East, Hamilton
13th
day(s) of
(du/au)_
April to Aug. 17th
1 9.
92
p»r Dr. James Young
Coroner for Ontario,
coroner pour I'Ontarlo.
having been duly sworn, have Inquired Into end doterminad the following / »vonj anqu6t4 et avoni dAtermini ce qui suit:
1. Name of deceased
Norfi du (de la) d^funt(e)
2. Date and time of death
Date et heure du dAcAs
3. Place of death
Lieu du dh cks
4. C ause of death
Cause du di cbs
JONATHAN CHRISTOPHER YEO
August 15, 1991 at 3:20 a.m.
Hamilton General Hospital, Hamilton, Ontario
Brain trauma
5. By wfiat means
Circonstances entourant le dicks
Suicide - self-inflicted wound to the right parietal
of the cranium by a .22 caliber bullet, fired from a Coey rifle.
( Continue on reverse side // necessary / Continuer eu verso si ntfcesseire )
Foreman/Pr^sident du jury
Signatures of Jurors / Signature des juris
This verdict was received by me this day of
C e verdict a AlA recu par mol le _ _ : _ _ 19
Signature of Coroner / Signature du coroner
Distribution- Of'0,n*l • Hagional Coron«f (o» lo'wnding to Chi*f Co'Ontr / L’or«gm*l • co'onar da la f4g'on pour transmission iu coronsr an ch*f
Copy • Crown Attorney / Copn • Trocurtur da la Cou'onn*
CC OtO 00/B>|
RECOMMENDATI OISTS
WE, THE JURY : . Betty Brohman
Victoria Misuk
Michelle Burnside
Greg Partola
Eugene Montero-Rios
WISH TO MAKE THE FOLLOWING RECOMMENDATIONS :
"As the evidence clearly indicated at this inguest, Jonathan C. YEO
was directly
responsible
for the death of Miss Nina de VILLIERS
of
Burlington ,
Ontario and
for the death of Mrs.
Karen MARQUIS
of
Moncton, New
Brunswick and directly responsible
for the assaults
and sexual assaults of all the victims who testified" .
Digitized by the Internet Archive
in 2017 with funding from
Ontario Council of University Libraries
https://archive.org/details/mag_00007542
WE, THE JURY,
WISH TO EXPRESS OUR SINCERE CONDOLENCES AND SYMPATHY
TO THE FAMILIES OF:
MISS NINA de VILLIERS
MRS. KAREN MARQUIS
MR. JONATHAN C. YEO
AND TO ALL THE VICTIMS OF ASSAULTS AND SEXUAL ASSAULTS WHO
WITH GREAT COURAGE, TESTIFIED AT THIS INQUEST.
INQUEST INTO THE DEATH OF JONATAHAN C. YEO
JURY RECOMMENDATIONS
TABLE OF CONTENTS
PAGE NO
HAM I LTON- WENTWORTH REGIONAL
POLICE SERVICES
Police Procedures 2
Sexual Assault Specialty Squads 5
Criminal Investigations:
Sexual Offenses 8
Firearms 9
Opposing Bail 11
Preparation of Bail Hearing Brief 14
After the Bail Hearing 19
Breach of Recognizance 22
Sharing of Police Information 24
Dissemination of Police Information 25
NIAGARA REGIONAL
POLICE SERVICES
Criminal Investigations:
A Suspect Who May be Mentally Ill 29
The Decision to Lay a Charge 30
MINISTRY OF THE ATTORNEY GENERAL
- Bail Hearings and the Crown Attorney 31
Education and Training
for Crown Attorney 32
Supervision of Assistant Crown Attorney • 37
Newly Appointed Assistant Crown Attorney 38
Preparation of Bail Hearing Briefs 41
Bail Court Assignment and Procedures 42
After the Bail Hearing:
The Crown Attorney's Duties ' 46
Sexual Assault Specialists 47
Guidelines for Assistant Crown Attorney's
Re: Bail Hearings 49
Consultations with Crown Attorney's:
The Decision to Prosecute ’51
Communication of Information
to the Public 52
MENTAL HEALTH ISSUES
Court Ordered Assessments 54
Role of Mental Health Professionals 55
Welland County General hospital
Mental health Clinic 58
Consultation 59
Issues Relating to the Border Incident 60
Border Officials 62
Hamilton Sexual Assault Centre 64
Hamilton-Wentworth Detention Centre 67
Coordinator of the Office
of the Justice of the Peace 71
Law Society of Upper Canada 73
GENERAL RECOMMENDATIONS " 74
Accountability
The Coroner's Act 75
Provincial Charter of Rights
for Victims 76
Sexual Assault Registry 78
Government to Study Anonymity 80
WEAPONS 81
RESEARCH 83
Page 2
INQUEST INTO THE DEATH OF
JONATHAN C - YEO
HAM I LTON — WE NTWORT H REGIONAL
EOEIOE SE RV TOES
Police Procedures
1. All police officers need to carry a fold card that
allows them to tick off procedures (i.e. make sure
evidence is kept and untouched - call identification
immediately -make sure victim is secure).
Anything else to remind them what steps to take for
a full and proper investigation.
2. Longer basic training for new police recruits.
3. On-going training at the Police Departments to
ensure everyone is kept updated on the procedures
and new Criminal Code Revisions coming in to act.
They can use classroom set ups or video tapes and
must be quizzed after each lesson in order to make
sure they are doing the work they have been
assigned .
4 . The police shall study the use of a tape recorder
when taking statements from victims.
Re commendation s-
5. A review must take place of all prior violent cases
where there was a consent to release to lawfully
monitor this accused.
6. Ramming : When public safety is at risk, and there
is a wanted person who is considered armed
and dangerous, the pursuing police
officers have the choice how to stop the
suspect with public safety in view. (i.e.
if there is a vehicle chase such that took
place at Limeridge Mall on August 14,
1991) - the place to have stopped Mr.
YEO ' s vehicle was at the outer perimeter
road at the south east end. This area at
the time was free of pedestrians and other
public vehicles. This, with the
discretion of the senior officer in charge
at the scene, was the time that we, the
jury, feel that his vehicle should have
been detained-by ramming him. As it was,
the public safety was at great risk from
any future actions that Mr. YEO may have
committed .
Signature of Coroner
Signature of Foreman
Recommendations -
7 . There needs to be a weekly meeting in the Criminal
Investigation Division in order to go over the major
cases that they are working on. This will enable
the officers to get a team approach on a problem
case. This would also help to improve the
performance of the officers so that future
investigations may run more efficiently.
8. In the case where an arresting officer takes a
subject to the psychiatric institution, it is their
duty to tell the doctor "everything" that the person
has done and what charges have been laid. This, in
turn, will aid in the assessment of the subject.
The more information available, the better.
Signature of Coroner •
Signature of Foreman
Recommendations-
Sexual Assault Specialty Squads
9. The Hamilton-Wentworth Regional Police Service shall
establish a sexual assault specialty squad, charged
with the responsibility of investigating all
allegations of sexual assault.
10. Absent compelling circumstances, a member of this ;t
squad shall be involved from the earliest stages of
a sexual assault investigation, commencing with the
initial contact with the victim.
11. The squad shall be comprised of officers who have
received special training and designation as sexual ='
assault investigators.
12. Special designation shall only be conferred upon-
successful completion of an examinable course, such
as the course presently offered at the Charles O.
Bick Police College, Metropolitan Toronto Police
Service, or as otherwise approved by the Ministry ' !..’
/ I / -I l\' ■
of the Solicitor General.
Signature of Coroner •
Signature of Foreman
Recommendations -
13 .
These courses shall be directed
relating to the investigation and
sexual crimes. Particular emphasis
on sensitivity to the victims of
to all issues
prosecution of
shall be placed
crime . In this
context, sensitivity training must include:
(a) Recognition and understanding of the impact of
crime upon the victim, and offering of
appropriate assistance with security concerns;
( b ) Taking of statements from the victim;
(c) Ongoing reporting to, and communication with,
the victim concerning all important aspects of
a prosecution involving her; and
(d) Facilitating communication between the victim
and Crown Counsel.
14. The Solicitor General or his designate shall direct
police forces throughout Ontario to establish sexual
assault specialty squads.
15. The Solicitor General or his designate shall appoint
a provincial sexual assault coordinator to monitor
the implementation of sexual assault specialty
squads throughout Ontario.
Signature of Coroner-
Signature of Foreman
Re commend a tions ■
16. The Government of Ontario shall ensure that funding
is available for the training courses that shall be
offered for sexual assault investigators.
Signature of Coroner'
Signature of Foreman
Kecommenaa u
u
*
i i c>
Criminal Investigations: Sexual Offences
17. The Chief of Police of the Hamilton-Wentworth
Regional Police Service or his designate shall
direct all investigative personnel as follows:
(a) Suspects shall not be invited to attend at the
police station to be arrested in relation to
criminal offences which may involve weapons or
the use or threatened use of violence;
(b) Investigators shall provide the Crown Attorney
or an. Assistant Crown Attorney designated as
a coordinator of sexual assault offences with
a synopsis of any new allegation of sexual
assault within twenty- four hours of the arrest
of an accused. This shall be done for the
purpose of enabling the Crown Attorney or his
designated coordinator to promptly assign each
case to a sexual assault specialist prosecutor.
v.
18. The Solicitor General or his designate shall ensure
that police services throughout the Province issue
a directive in similar terms.
■1;
Signature of Coroner.
Signature of Foreman
Recommendations -
Criminal Investigations: Firearms
19. The Chief of Police of the Hamil ton-Wentworth
Regional Police Service or his designate shall issue
a special directive to all investigative personnel
relating to
offences which
may
involve the use
of
a firearm.
The directive
i s
to be prepared
in
consultation with the Crown Attorney for Hamilton-
Wentworth. The directive shall set out the Attorney
General's directive concerning firearms, dated
December 3, 1991.
20. The directive shall list all powers of an
investigator to search for and seize firearms. It
shall include powers of search incidental to an
arrest, and with or without a search warrant,
pursuant to the provisions of the Criminal Code.
21. The directive shall also provide that in every
investigation which may involve the use of a
firearm, the investigator shall :
Signature of Foreman
Signature of Coroner
Re comm endat ions -
(a) Consider all of his powers of search and y j
seizure and document the powers that were . 1
exercised to search for firearms and other h ;V
reasons why other powers were not pursued. He
shall also document the results of any search .
conducted; ' hr
(b) Make such inquires of the accused, family ;
members, or other associates as may reasonably
be practicable to ascertain whether weapons are .1
available to the accused;
(c) Make appropriate inquires to ascertain whether ;.y
or not the accused is in possession of a '
Firearms Acquisition Certificate; i
(d) Prior to the bail hearing, prominently display 4
in the Crown brief the steps taken to recover • • •
firearms and other weapons from the accused, ;
whether or not the specific weapon alleged to
be involved in the offence has been recovered; :•/ .
he shall also state his opinion as to whether
o not the accused may have that or other yv. [i
weapons available to him that have not been
recovered and what if any time may be required '.j y
to complete any further investigation in this / 1
regard. ; y:
K-
22. The Solicitor General or his designate shall ensure [
. > :••• : ;
that police services throughout the Province issue. 1
■ .• l • i-;
r-
a directive in similar terms. , -fr
'! • ' : . h
‘ ' f
I
• • • ‘
jf
i
i
Signature of Coroner
Signature of Foreman
Recommendations-
f
Criminal Investigations: Opposing Bail
23. The Chief of Police of the Hamil ton-Wentworth
Regional Police Service or his designate shall issue
a directive to all investigative personnel on the
issue of Opposing Bail. The directive shall provide
that the investigator:
(a) Shal 1 oppose bail in at least the following
situations :
(1)
any case involving domestic violence
where a threat of death or bodily
harm is made to the victim or the
sexual interference or the sexual or
physical abuse of a child.
Signature of Coroner-
Signature of Foreman
. w;-
\ • . ivf
■).
;
victim suffers more than minor
injuries;
' l
' \ ;
(2)
any offence involving the use or
threatened use of a weapon or
firearm ;
!••
1
, • 1
■ : i
i
. i
(3)
where the police have information
that there is a history of prior
violence by the accused towards the
victim;
i .
(4)
serious indictable offence where,
violence is used or threatened; i.e.
robbery ;
it - ,3‘iv ,y;
(5)
any offence where the officer
believes the victim may be at some
risk from the accused; or
(6)
any case involving sexual assault or
' ‘ '1
, ‘ r
!'• ’ r
k-
' / ► .
f ;
I
Recommendations -
I
The directive shall further provide that Hamilton-
Wentworth Regional Police Service Guide to Procedure
B-l-(a) Subject "Opposing Bail" (Exhibit No. 210)
is inaccurate and is no longer to be relied upon.
It does not set out all of the circumstances which
justify opposition to release on bail and may be
misleading. In addition, it states that a long
criminal record or the seriousness of the offence
charged cannot constitute valid reasons for opposing
bail. On the contrary, the seriousness of the
offence charged is a valid reason, in and of itself,
for opposing bail;
(b) May suggest conditions of release, should the
Court grant bail, despite the opposition by the
investigator and Crown Counsel. In such cases,
the investigator must utilize an approved check
list of potential conditions of release (such
as H.W.R.P. 's Bail Opposition Form - Exhibit
No. 205 to be amended in consultation with
Crown Attorney for Hamilton-Wentworth ) .
( c ) Bail Opposition: Exhibit 205
The- Bail Opposition must also include:
the surrender of an F.A.C. if a
suspect has one
notice of any change of employment
even if they go and get a part time
■ job
not to operate any vehicle
mandatory mental assessment
I
j:
Signature of Coroner
Signature of Foreman
'
'
Recommendations
24 .
»
The Solicitor General or his designate shall ensure
that police services throughout the Province issue
a directive in similar terms.
1;
f
I!
I'
i
!
I
j:
I
I
Signature of Coroner .
Signature of Foreman
Re commendation s-
Criminal Investigations;
Preparation of Bail Hearing Brief
25. The Chief of Police of the Hamil ton-Wentwor th
Regional Police Service or his designate shall issue
a directive to all investigative personnel outlining
the proper preparation of bail hearing briefs (the
"Crown brief") for cases involving weapons or the
use or threatened use of violence. The directive
shall provide that prior to the bail hearing the
investigator shall :
(a) Obtain not only the accused's criminal record
but also the underlying facts supporting prior
criminal convictions where they may be of
assistance in opposing bail;
(b) Verify whether the accused faces outstanding
charges and if so, ascertain outstanding
release orders and conditions of release. This
information shall be prominently displayed in
the Crown brief;
(c) Ascertain whether or not the accused has been
the subject of prior police occurrences, in
this or any other jurisdiction. The
investigator shall obtain, where possible, the
underlying facts of said occurrences where they
may assist in opposing bail. The results of
this investigation shall be prominently
displayed in the Crown brief;
(d) Make all efforts to obtain any information
indicating a psychiatric or violent history of
the accused (other than as may be reflected in
Signature of Coroner-
Signature of Foreman
Re commendations -
criminal convictions or prior occurrences).
These efforts shall be intensified where the
allegations themselves raise an issue as to the
accused's mental health or violent nature. The
investigator shall consider making inquires of
the accused, family members or associates in
order to obtain such information. The results
of this investigation shall be prominently
displayed in the Crown brief;
(e) Ascertain whether or not the accused has an
alcohol or drug abuse history, information
concerning which may assist in opposing bail;
(f) Prepare a synopsis of the alleged offence(s)
which clearly sets out those circumstances of
the offence(s) which emphasize its seriousness ,
and those factors which indicate that the
accused presents a danger to the public. The
synopsis shall also clearly set out, where
applicable, evidence known to the officer that
demonstrates the strong probability of
conviction ;
(g) Ensure that a detailed statement of the victim
and other supporting witnesses is available at
the earliest opportunity and inserted in the
Crown brief;
(h) Ascertain the impact of the offence upon the
victim to date, the victim's concerns, if any,
as to the accused's dangerousness to her or
others and any conditions of release, if a
detention order is not made, that may assist
in protecting the victim or the public
- generally. .Much or all of this information may
be recorded in a victim impact statement. The
results of the investigator's inquiries
(particularly as they relate to the personal
safety of the victim and her state of mind)
shall be prominently displayed in the Crown
brief ;
Signature of Coroner'
Signature of Foreman
Re commend a tions-
(i) Include all utterances of the accused, whether
formal or otherwise, within the Crown brief;
(j) Prominently display in the Crown brief any
information that the accused is a suicide risk;
(k) Prominently display in the Crown brief the
steps taken to recover any weapons from the
accused (where the offence may involve the use
of a .weapon) and, most particularly, whether
or not the specific weapon allegedly involved
in the offence has been recovered;
(l) Ensure that the Crown brief is lodged with the
Court Branch office in sufficient time to
enable Crown Counsel to review the brief the
day prior to the accused's bail hearing. Where
this is impracticable, the investigating
officer shall be responsible for ensuring that
Crown Counsel conducting the bail hearing is
verbally advised as to the pending case and the
potential dangerousness of the accused;
(m) Prominently record in the Crown brief any
aspects of the investigation that are as yet
incomplete which may assist in opposing bail.
For example, the investigator shall so indicate
where he is of the opinion that further
investigation may lead • to information
concerning a prior violent or psychiatric
history. The investigator shall ensure that
Crown Counsel is aware of the need for an
adjournment to enable the completion of an
investigation bearing upon the accused's
dangerousness;
(n) Independently consider the advisability of
personally attending at the bail hearing to
assist Crown Counsel.
Signature of Coroner
Signature of Foreman
used to type the information out for the police and
to look up files and find out information if needed
at the records department. This will allow the
detectives to continue to be out in the field.
30. The Solicitor General or his designate shall ensure
that Police Services throughout the Province issue
directives in similar terms.
Signature of Coroner
Signature of Foreman
Recommendations -
Criminal Investigations: After the Bail Hearing
31. The Chief of Police of the Hamil ton-Wentworth
Regional Police Service or his designate shall
direct that, in all cases involving weapons or the
use or threatened use of violence, his investigative
personnel shall act promptly in ascertaining the
outcome of the bail hearing. He shall further
direct that, where an investigator has been advised
of the accused’s release and the conditions thereof,
he shall :
(a) Submit the conditions of release on a
supplementary report to the records section for
a C.P.I.C. entry (in accordance with H.W.R.P.F.
CID Directive R-4) (Exhibit No. 237);
(b) Advise the victim in appropriate cases that the
accused has been released and take all
reasonable steps to ensure the protection of
the victim;
(c) Where the accused was ordered to reside at a
fixed address within the jurisdiction of
another police service, or to report to another
police service, promptly advise such other
police • service in writing as to:
(1) the accused's conditions of release;
(2) the circumstances of the offence charged;
Signature of Coroner
Signature of Foreman
1 nques C X n L o lilt! Uyaui Ui. a uaa luuu
Recommendations -
(3) the background of the accused, including
his criminal record and any psychiatric
or violent history, if known;
(4) such other information as may assist such
other police service in protecting the
public and in lawfully monitoring, where
practicable, the activities of the
accused .
(d) When advised by that other police service that
the accused has breached or is about to breach
his conditions of release (or has otherwise
failed to keep the peace and be of good
behaviour), take appropriate action including
effecting the accused’s arrest.
32. Any police service in whose jurisdiction the accused
is to reside or report shall :
(a) Establish a procedure for the receipt and
storage of the information received from the
police force which charged the accused and a
procedure for using such information to protect
the public;
(b) Promptly report to the investigator, where
practicable, and otherwise to the police
service which charged the accused of any breach
or "about to breach" situation which comes to
its attention.
33. The Solicitor General or his designate shall direct
that all police services throughout the Province
adopt the procedures set out in this section.
34. Where a large police service has several divisions
at different locations, the Solicitor General or his
Signature of Coroner
Signature of Foreman
Recommendations -
designate shall direct such a police service that
these procedures apply with such modifications as
may be required, i.e. where one division charges an
accused who is to report or reside within another
division of the same police service.
Signature of Coroner
Signature of Foreman
Recommendations -
37. Police must get full training concerning Canadian
Police Information Centre.
38. The information on C.P.I.C. must be standard across
Canada .
39. The Solicitor General or his designate shall
consider the implementation of the recommendations
in this section throughout the Province.
Signature of Coroner
Signature of Foreman
Inquest into uiy utuui
Recommendations-
O X.
Criminal Investigations: Sharing of Police Information
40. The evidence at this Inquest has indicated that
police services in the Province are not always able
to obtain and use information in the hands of other
police services. The evidence has indicated that
such information, in particular prior police
occurrences, may be essential to proper police
preparation of bail briefs. Accordingly, the
Solicitor General or his designate shall immediately
consider the implementation throughout the Province
of a uniform computer system of police information
storage to ensure full and ready access to police
records by all police services in the Province.
41. Until such time as the above uniform computer system
is in. place , the Solicitor General or his designate
shall endeavour to implement a system enabling a
police service in one jurisdiction to ascertain on
a computer search that prior occurrence reports in
respect of a named individual exist in other police
services, and to ensure ready access to such prior
occurrence reports.
Signature of Coroner '
Signature of Foreman
Recommendations -
Criminal Investigations:
> - -
Dissemination of Police
Information
42. The evidence at this inquest indicated that the
seriousness of an ongoing police investigation and
all relevant police information is not in all
instances adequately disseminated in police
broadcasts to service members and to other police
agencies. Accordingly, the Chief of Police of the
Hamilton-Wentworth Regional Police Service or his
designate shall direct that all officers with
responsibilities for drafting all-cars bulletins,
zone and provincial alerts receive immediate re¬
training as to the criteria required for each type
of alert so that serious crimes will be broadcast
on a priority basis.
43. The Chief of Police of the Hamilton-Wentworth
Regional Police Service or his designate shall
further ensure that all officers with
responsibilities for drafting all-cars bulletins,
zone and provincial alerts receive immediate re-
Signature of Coroner •
Signature of Foreman
Recommencia Lions -
t
regular shifts and may miss the standard parade
procedure .
45. The Solicitor General or his designate shall
consider the implementation of the recommendations
in this section throughout the Province.
Signature of Coroner
Signature of Foreman
Recommendation s -
MINISTRY OF THE ATTORNEY GENERAL
Bail Hearings and the Crown Attorney
52. This inquest has exposed significant inadequacies
in the preparation and conduct of bail hearings for
serious crimes. The Attorney General or his
designate shall ensure that each and every
prosecutor employed by his Ministry is fully and
accurately informed of these inadequacies and
directed as to how they are to be addressed.
53. Each Regional Director of Crown Attorneys shall
ensure that each Crown Attorney within his region
has communicated in writing to the appropriate
Chiefs of. Police respecting opposing bail and bail
brief preparation in order to ensure compliance . .
The Regional Director shall also ensure, on an
ongoing basis, that each Crown Attorney continues
to fulfil his obligations in this regard.
Signature of Coroner-
Signature of Foreman
Recommenaa cion a -
Education and Training for Crown Attorneys
54. A new educational programs for Crown Attorneys shall
be instituted in the Province. Its theme shall be
"The Bail Hearing". Senior Crown Counsel shall be
in charge of administration and teaching. This
course shall initially be taught within six months
of the Inquest verdict and thereafter at least once
on an annual basis. Within two years of the Inquest
verdict, every Assistant Crown Attorney employed by
the Ministry of the Attorney General shall take this
course .
55. This course shall emphasize effective Crown advocacy
at bail hearings and shall include instruction on
the following matters:
(a) Identification of aggravating factors that
favour detention and effective presentation of
those factors;
(b) Effective use of the strength of the Crown's
case to support detention;
(c) The importance of the seriousness of the
offence charged as a factor, in and of itself,
justifying detention;
(d) Effective use of the circumstance of the
offence as demonstrating mental instability
and/or dangerousness;
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(e)
»
Use of provisions of the Criminal Code and
Mental Health Act to obtain Court ordered, in
custody, psychiatric assessments;
(f )
Effective use of the victim's statement ,' victim
impact statement and accused's utterances;
(g)
Appropriate use of adjournments (s. 516 of the
Criminal Code) to enable the investigator to
obtain further evidence prior to the bail
hearing ;
(g)
The effective us of the accused's criminal
record to support detention;
(h)
The effective use of the accused's criminal
records to support detention;
(i)
The use of the facts underlying prior criminal
convictions to support detention;
( j)
Effective use of outstanding charges and
release orders;
(3c)
The use of prior police occurrence reports that
did not result in criminal convictions;
(1)
Effective commencement of the bail hearing with
a clear and persuasive statement of the Crown's
position and the basis therefor, and the onus;
(m)
The importance of non-publication orders
relating to the identity of the victim and, in
some circumstances, to the entire evidence
taken at the bail hearing;
(n)
The advisability of calling viva voce evidence
at a bail hearing and, in particular, calling
the investigator as a witness or at least
consulting with him;
(o)
Effective cross-examination of the accused and
sureties, including family members, to elicit
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evidence as to the dangerousness of the
accused, evidence of a violent or psychiatric
history of the accused and, in some cases,
evidence in support of the Crown's case or to
refute possible defences;
(p) Effective submissions relating to both the
primary and secondary grounds;
(q) The nature and extent of disclosure to the
Court of the accused's criminal record and
other considerations, even where the Crown is
not opposing release; • .
(r) Consideration as to all the appropriate
conditions of bail in the event of release and
familiarity with the Attorney General ' s
directive respecting firearms; effective
advocacy as to appropriate conditions of
release, after vigorous opposition to the
granting of bail;
(s) Familiarity with the availability of bail
reviews, and the need to consult with superiors
in cases where a release 'has been ordered and
the accused may pose a danger to the public;
(t) Assistant Crowns must attend bail review court
as part of their on-going training.
56. In conjunction with the educational program, the
Attorney General or his designate shall appoint one
or more senior prosecutors to examine the adequacy
of bail materials presently available to prosecutors
in Ontario. These senior prosecutors shall develop
a new manual on bail hearings which shall address
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the matters listed in connection with the proposed
educational program. The manual shall be
distributed to each prosecutor in Ontario. The
manual shall be updated annually. The manual shall
contain a checklist detailing all of the factors
relevant to the primary and secondary grounds. This
checklist must include those secondary ground
factors which did not receive adequate attention at
the Yeo bail hearing, for example:
(a) Evidence of accused's mental instability;
(b) Use of firearm, ammunition (and other weapons)
in commission of offence;
(c) Firearms, ammunition and weapons unrecovered;
(d) Premeditated offence;
(e) Victim a randomly selected woman, previously
unknown to accused;
(f) Repeated assaults over prolonged period of
time ;
(g) Return to victim's apartment after offenses
committed;
(h) Accused's lie to police as evidence of
consciousness of guilt.
The manual shall also contain a checklist detailing
conditions of release which may reasonably be
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suggested by Crown Counsel conducting bail hearings.
Both checklists shall be in a form that permits easy
access and- use by Crown Counsel conducting bail
hearings .
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Supervlsion of Assistant Crown Attorneys
57. • The informal monitoring of the performance by
prosecutors at bail hearings is important, but
inadequate. Accordingly, the Regional Director of
Crown Attorneys for Central South Regional shall
meet regularly with the Crown Attorney for Hamilton-
Wentworth for the express purpose of instituting a
system of supervision by the crown Attorney over the
conduct of bail hearings by each and every member
of his staff. The object of such a system shall be
to ensure that bail hearings are being adequately
prepared and effectively argued. The above
supervision by the Crown Attorney shall include:
(a) In-court observation of bail hearings and
review of transcripts where available, both
with the benefit of the supporting Crown brief;
(b) Ongoing discussion with each Assistant Crown
Attorney and other participants in the
administration of justice;
(c) Regularly scheduled office meetings involving
all Assistant Crown Attorneys.
58. The Attorney General or his designate shall consider
the advisability of implementing such a system in
Crown Attorney' offices throughout the Province.
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Border Officials
102. Canada Employment & Immigration employees and
Revenue Canada-Cus toms & Excise employees who may
be deployed at border locations shall be trained as
to the availability of s.524 of the Criminal Code
to assist them in recognizing those situations in
which police must be notified.
103. All Revenue Canada-Customs & Excise officers shall
be instructed that, pursuant to the opinion of their
legal branch, an individual temporarily detained in,
and denied entry to, the United States is thereafter
returning to Canada from the United States for the
purposes of the Customs Act and is therefore subject
to those powers of inspection, arrest and search and
seizure that may pertain to an individual importing
goods into Canada. The circumstances of the Yeo
border incident shall be used as a teaching device
to further the 'goal of this recommendation.
104 . Canada Employment & Immigration employees and
Revenue Canada-Customs & Excise employees at border
locations shall be instructed that all. CPIC
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Newly Appointed Assistant Crown Attorneys
59. It is in the public interest that newly appointed
Assistant Crown Attorneys shall not conduct bail
hearings for serious offenses or complex cases. The
Crown Attorney for Hami 1 ton-Wentworth shall re¬
examine the notion that Bail Court is the first
Court that ought to be assigned to newly appointed
Assistant Crown Attorneys. The Crown Attorney shall
also ensure that only experienced prosecutors
conduct bail hearings in cases involving offenses
set out in the Directive Re: Bail Hearings, dated
October 10, 1991 issued by the then Acting Assistant
Deputy Attorney General .
60. The present system in which newly appointed
Assistant Crown Attorneys in Hamilton initially
observe experienced counsel conducting bail hearings
and then proceed to conduct bail hearings in their
presence is a valuable one. However', it does not
adequately ensure that bail hearings are conducted
at the required level . Accordingly, no newly
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Re comm end. at ions -
appointed Assistant Crown Attorney shall be assigned
to conduct bail hearings on an unsupervised basis
until the Crown Attorney has personally observed his
conduct of bail hearings, evaluated his performance
and certified his readiness. This evaluation and
certification should be made with input from a Crown
Attorney from another jurisdiction or the Regional
Director Crown Attorney. This would encourage
candour and objectivity and not undermine the
relationship between the Crown Attorney and his
Assistant Crown Attorneys.
61. Elsewhere in these recommendations the importance
of supervision by the Crown Attorney has been
emphasized. The Crown Attorney shall particularly
ensure that such supervision takes place with each,
newly appointed Assistant Crown Attorney on a
regular basis .
62. The Attorney General or his designate shall ensure
that an effective system to supervise newly
appointed Assistant Crown Attorneys exists
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Recommendations -
throughout the Province. This system should draw
upon the recommendations respecting the Hamilton
Crown Attorney's Office. This system shall be
designed to encourage newly appointed Assistant
Crown Attorneys to seek and obtain advice and to
improve their advocacy skills by learning from the
experience of senior counsel.
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Crown Attorney and Police Consultations:
Preparation of Bail Hearing Briefs
63. The Crown Attorney for Hamil ton-Wentworth shall meet
regularly with the Chief of Police of the Hamilton-
Wentworth Regional Police Services or his designate
to canvass all issues relative to preparation of
bail hearing briefs. The purpose of these meetings
is to ensure ongoing compliance with the
recommendations concerning preparing of bail hearing
briefs .
64. The Attorney General or his designate shall
encourage Crown Attorneys throughout the Province
to participate in similar meetings with police
forces throughout the Province.
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Recommendations -
Bail court Assignment and Procedures
65. The Crown Attorney for Hami 1 ton-Wentworth shall
assign Bail Court to prosecutors on a one week
rotation and, ideally, for a longer period of time
to ensure continuity with the Bail court and with
remanded accused.
66. A rotation in Bail Court shall be scheduled so that
the Assistant Crown Attorney completing a rotation
is aware of the identity of the Assistant Crown
Attorney who will start the rotation immediately
thereafter.
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67. Each Assistant Crown Attorney completing his
I
rotation in Bail Court shall be directed by the
Crown Attorney to advise the oncoming Assistant-
Crown Attorney as to bail hearings of serious
offenses that have been adjourned into the next
rotation .
68. The Crown Attorney shall establish a system to
enable his Assistant Crown Attorney to obtain the
Crown brief in previously remanded bail hearings no
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Recommendations-
later than 4:00 p.m. on the day prior to the bail
hearing. He shall direct his Assistant Cirown
Attorney to obtain those files on the day prior to
1
the bail hearing to facilitate their preparation.
69. Recommendations have been made elsewhere to ensure
that Crown briefs in new cases are available, where
practicable, by 4:00 p.m. on the day prior to the
bail hearing. The Crown Attorney shall direct his
Assistant Crown Attorneys to obtain these files on
the day prior to bail hearing to facilitate their
preparation.
70. The Crown Attorney shall establish a system of
identifying serious cases of violence ^nd, in
particular, sexual assault cases prior to the
conduct of the bail hearing. This system shall
ensure that Assistant Crown Attorneys give special
attention to these cases prior to the bail hearing.
This system shall be established in consultation
with the Court Branch of the Hamilton-Wentwor th
Regional Police Service.
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Recommendations -
71. The Crown Attorney shall regularly meet with the
Court Branch Office of the Hamilton-Wentworth
Regional Police Service to address issues of mutual
concern.
72. The Crown Attorney shall establish a system of
inter-office communication. All important
information learned by an Assistant Crown Attorney
in connection with a particular file shall be noted
on a special colour coded document to be inserted
and kept within in each file. Each notation on this
document shall be legible, dated and signed by the
Assistant Crown Attorney.
73. The Crown Attorney shall re-examine the operation
of the Bail Court within his jurisdiction. In doing
so, he, in consultation with the Regional director
and other Crown Attorneys 1 shall examine the
feasibility of:'
(a) The use of one court to deal exclusively with
bail hearings, and a separate Court to deal
with out of custody adjournments;
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Recommendations -
74 .
75 .
(b) The assignment of one prosecutor to deal
exclusively with bail hearings and a second
prosecutor to deal with remands and possibly
overflow;
(c) The assignment of a duty prosecutor to assist
with overflow.
If an accused is going to go on a suicide watch at
the detention centre then there shall be an area on
the bail brief that the arresting officer checks
off and explains their reasons why they want it
done. This is in the best interest for the accused
and for the public safety.
The Attorney General or his designate shall consider
the applicability of these recommendations
throughout the Province.
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After the Bail Hearing: The Crown Attorney's Duties
76. In all cases involving crimes of violence, where an
Assistant Crown Attorney has sought and not obtained
a detention order on the secondary grounds, the
Crown Attorney for Hamilton-Wentworth shall direct
that the Assistant Crown Attorney shall bring the
matter to the attention of the Crown Attorney or his
designate who shall consider the advisability of a
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bail review. He shall further direct the Assistant
Crown Attorney to advise the investigator, in a
timely fashion, that the accused's release has been
ordered, to enable the officer to take appropriate
steps which may include informing the victim. The
Assistant Crown Attorney shall also advise the
investigator as to the conditions of release.
77. The Attorney General or his designate shall consider
the applicability of this recommendation throughout
the ■ Province .
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Sexual Assault Specialists
78. The Crown Attorney for Hamilton-Wentworth .shall
appoint a coordinator of sexual assault offences and
shall designate one or more experienced prosecutors
as sexual assault specialists within the Crown
Attorney's office.
79. Absent compelling circumstances, all cases of sexual
assault shall be prosecuted by a sexual assault
specialist. Absent compelling circumstances, that
sexual assault specialist shall maintain continuity
with each sexual assault case to which he is
assigned .
80. It has been recommended elsewhere that the
investigator shall provide the Crown Attorney or a
designated coordinator of sexual assault offences
with a synopsis' of any new allegation of sexual
assault within twenty-four hours of the arrest of
an accused. The Crown Attorney or his coordinator,
upon receipt of the synopsis, shall immediately
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Recommendations-
Guidelines for Assistant Crown Attorneys re: Bail
Hearings
83. The Crown Attorney for Hamil ton-Wentwor th , in
consultation with the Regional Director and all
Assistant Crown Attorneys, shall establish a set of
guidelines for .use in determining those cases in
which crown Counsel may appropriately consent to
release upon conditions. Such guidelines are not
intended to preclude the exercise of discretion by
individual Assistant Crown Attorneys. These
guidelines should be formulated, in part, through
an office analysis of representative cases in order
to achieve some general uniformity in approach and
position .
84. The Crown Attorney for Hamil ton-Wentworth shall
direct his Assistant Crown Attorneys that:
(a) They shall not proceed to take a position as
to release or to conduct a contested bail
hearing until they have fully familiarized
themselves with the Crown brief;
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Recommendations -
(b) They shall record in or on the bail brief the
reasons for adjournment of bail hearings in
cases of violence against the person, and most
particularly , sexual assault;
(c) They shall re-f amiliarize themselves with the
Attorney General's directive dated January 1,
1988 concerning evidence that the accused may
be suicidal (Exhibit No. 18 2);
(d) They shall re-f amiliarize themselves with the
Attorney General 1 s directive respecting
firearms, dated December 3, 1991;
(e) They shall disclose to the presiding justice
at a bail hearing sufficient information for
the justice to independently evaluate the
proposed conditions of release, even where the
prosecutor is consenting;
(f) They shall clearly state their position
respecting appropriate conditions of release
even where the Court has ordered release
contrary to the position of the Crown.
85. The Attorney General or his designate shall, consider
the applicability of these recommendations
throughout the Province.
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Consultations with Crown Attorneys: The Decision to
Prosecute
86. The Attorney General or his designate shall ensure
that, where victims of violent crime consult with
Crown Attorneys’ or Assistant Crown Attorneys and
indicate a reluctance or refusal to have cases
prosecuted in Court, the Crown Attorney or Assistant
Crown Attorney shall keep complete and detailed
notes of such meetings. He shall further ensure
that any decision not to proceed with a charge or
to withdraw an already existing charge shall be made
only after the matter is fully canvassed with input
from the investigator assigned to the case and the
victim. Any such decision shall be made only after
a full review of all available evidence. The
reasons for any decision not to proceed shall be
recorded and signed by the Crown Attorney or a
Senior Assistant Crown Attorney.
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Communication of Information to the Public
87. Regional Director of Crown Attorneys for Central
South Region shall discuss with the Attorney General
or his designate the matter of communication by the
Communications Branch of the Ministry of the
Attorney General of inaccurate and misleading
information concerning serious offences in the
community. The Regional Director shall inform the
Attorney General or his designate of the misleading
and inaccurate information that was communicated in
the Yeo case and the impact of this upon the victims
of Mr. Yeo ' s crimes. The Regional Director shall
consult with those persons within the Ministry of
the Attorney General responsible for communication
of information to the public in cases of this nature,
so as to ensure that no information is communicated
by the Ministry without reasonable steps being taken
to ensure its accuracy. In addition, the Regional
Director shall, in the course of these discussions,
consider whether or not as a matter of policy the
victim and/or family of the victim should be
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Recommenda tions-
consulted prior to the release of information to the
public .
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Recommenda tions-
MENTAL HEALTH ISSUES
Court Ordered Assessments
88. The Criminal Code should be amended to confer
jurisdiction upon a justice presiding at a bail
hearing to remand an accused in custody for
psychiatric assessment specifically directed to the
issue of dangerousness as it relates to the
secondary ground.
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Recommendations-
Role of Mental Health Professionals
89. It is recognized that a psychiatrist, psychologist
or other mental health professional may be unable
to commit a patient on an involuntary basis,
notwithstanding his opinion that the patient may in
future pose a significant danger to the public or
himself. It is also recognized that the rules of
privilege may, and often do, prevent disclosure to
law enforcement agencies of the patient's potential
for dangerousness. In these circumstances, a mental
health facility or individual mental health
professional shall:
(a) Document medical findings as to the patient's
dangerousness where the assessment. has
addressed that issue. These findings shall be
prominently displayed on any discharge report;
(b) Aggressively take all possible steps to
encourage the patient to seek and continue
treatment . ’ .
90. In such cases, the role of the facility or the
professional shall include:
(a) Contacting the referring physician or other
professional to advise as to the findings made.
The patient's consent shall be actively sought
in this regard;
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Recommendations -
92. In cases where a patient appears to pose a
significant risk, imminent or otherwise, to the
public or to himself, a medical practitioner
referring such a patient to a treatment facility or
mental health professional shall convey full details
of the patient's history so as to ensure that the
patient's mental illness and prognosis can be
correctly evaluated. The College of Physicians and
Surgeons shall take steps to bring this
recommendation to the attention of all members of
the medical profession.
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Recommendations -
Welland County General Hospital Mental Health Clinic
93. The Director of the Welland County General Hospital
Mental Health Clinic shall ensure that a
psychiatrist or psychologist personally participates
in the initial assessment of a new patient, where
such patient has a history of violence-related
activity .
94 . The Director of the Welland County General Hospital
Mental Health Clinic shall ensure that each patient
referred to the Clinic is assigned to a mental
health professional competent to address the
particular mental illness presented by the
individual patient.
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KB OUilUllBliUd iiuno _
breached or is about to breach his release order),
this advice shall address those situations in which
an accused has breached or is about to breach his
release order in a jurisdiction other than the one
in which he was originally charged. As a result of
the legal advice obtained, the Chief of Police or
his designate shall establish a policy, to be set
out in a written directive to all officers, as to
how they shall proceed in such situations.
100. The Solicitor General or his designate shall ensure
that police services throughout the Province adopt
a similar policy to ensure uniformity of practice
throughout the Province .
101. The Solicitor General or his designate shall ensure
that training for police officers throughout the
Province shall include and emphasize the
availability of s.524 of the Criminal Code. The
circumstances of the Yeo border incident shall be
used as a teaching device to further the goal of
this recommendation.
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inquiries initiated by them shall include a request
for the individual ' s criminal record as well as
outstanding charges and release orders.
105. Hotline phone number for the borders to contact a
liaison to help in getting information in any legal
matter. Example: What district of police to call
When someone is about to break their recognizance
and flee the country. Do they call the nearest
police to arrest or do they call the station where
the charges were laid initially?
106. Train customs officers and Immigration Officers to
know each others 1 jobs and empower them to
interchange positions in case of emergency + cross
utilization of manpower. * .
107. There must be armed personnel at all border
crossings for -the protection of the public and
safety of our country. We recommend a permanent
police service or customs officers who are
proficient in arms .
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HAMILTON SEXUAL ASSAULT CENTRE
f
108 .
The Board of Directors of the Hamilton Sexual
Assault Centre shall re-evaluate the Centre's
performance in light of the evidence at this
Inquest. This re-evaluation shall focus upon the
adequacy of counsellors' training, the
qualifications of those responsible for training
counsellors and whether the Centre's long-term goal
of preventing sexual assaults is being served by the
approach taken to the issue of the reporting or non¬
reporting of sexual assaults by victims.. More
particularly, this re-evaluation shall include the
following matters:
(a) The need to provide an atmosphere in which
victims are encouraged to come forward and
report sexual crimes;
(b) The need for counsellors to ensure that the
victim is able to freely exercise her options
without external pressure from persons who may
be less, than objective (for example, a friend
or relative' of the assailant);
(c) The need for counsellors to understand and
communicate the importance of the sexual-
assault kit in a sensitive and simple way;
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(d) The need for counsellors to ensure that victims
are permitted to exercise their options without
unreasonable time pressures;
(e) The need to provide victims with accurate
information concerning the legal system and its
procedure s .
(f) The sexual assault counsellors who go to the
hospitals to help the victim(s) should have
proper documents in order to make proper notes
in case of legal action. All these forms
should be standard across the Province. .
109. The Solicitor General, whose Ministry primarily
funds the Hamilton Sexual Assault Centre, or his
designate shall facilitate similar evaluations by
other sexual assault centre throughout the Province.
110. The Crown Attorney for Hamilton-Wentworth , the
coordinator of sexual assault offences or one of the
sexual assault specialists shall meet regularly with
representatives of the Hamilton Sexual Assault
Centre to promote in the Centre a better
understanding of the legal system and its
procedures, and to ensure that all specialists in
sexual assault prosecutions are sensitive and
accessible to the victims of sexual crimes.
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Ke commenu. ct
111. The Attorney General or his designate shall take
steps to encourage similar liaison between Crown
Attorney's offices and sexual assault centres
throughout the Province.
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HAMILTON-WENTWORTH DETENTION CENTRE
112. The Chief of Police of the Hami 1 ton-Wentworth
Regional Police Services or his designate shall
direct all officers that in appropriate cases they
shall advise the Detention Centre to which a
prisoner has been, or will be, transported that the
prisoner may be a suicide risk.
113. The Solicitor General or his designate shall
consider, the applicability of this recommendation
throughout the Province .
114. The Superintendent of the Hamil ton-Wdntwor th
Detention Centre shall direct all correctional
employees that they shall prominently record
information obtained from police officers or other
sources as to the risk of suicide or the mental
instability of ' new inmates. , In particular,
information that an inmate is a’ suicide risk should
be prominently displayed on his file.
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(
)
115. The Superintendent of
the Hamil ton-Wentworth
Detention Centre shall direct all correctional
employees that where an inmate has been placed on
"suicide watch" while at the Detention Centre, such
information shall be prominently displayed on his
file prior to his being transferred to Court or to
another location.
116. The Hamilton-Wentworth Detention Centre shall
implement a simple and effective method to ensure
that all correctional employees involved in any way
in the transportation of an inmate to Court are
aware that the particular inmate is a suicide risk
or has been placed on "suicide watch". Similarly,
a method shall be implemented to ensure that
correctional employees inform transporting officers
that an inmate is a suicide risk or has been placed
on "suicide watch".
117. The Chief of Police of the Hamilton-Wentworth
Regional Police Services or his designate shall
direct that all police officers with responsibility
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for transporting inmates from the Hami 1 ton-Wentworth
Detention Centre to court shall inform those
officers in charge of security at Court facilities
that an inmate is a suicide risk or has been placed
on "suicide watch".
118. It is desirable that Crown Counsel conducting bail
hearings be made aware of all cases in which inmates
pose a suicide risk or have been placed on "suicide
watch" at a detention centre. Such information may
impact on the suitability for release (and the
appropriate conditions if released). Accordingly,
the Ministry of Correctional Services in
consultation with other affected Ministries shall
clarify whether or not communication by correctional
employees to the Crown Attorney's office (or to
police officers) that inmates pose a suicide risk
or have ben placed on "suicide watch" violates
privacy legislation.
119. A simple and effective system of advising Crown
Counsel that inmates pose a suicide risk or have
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Recommenua
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120 .
been placed on "suicide watch" shall be established.
This system shall be established through
consultations between correctional employees, the
Court through consultations between correctional
employees, the Court Branch of the Hamilton-
Wentworth Regional Police Services and the Office
of the Crown Attorney.
The Ministry of Correctional Services, in
consultation with other affected Ministries, shall
implement this recommendation with appropriate
modifications throughout the Province.
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tVti (J Uiiliu C
Coordinator of the Office of Justices of the Peace
121. Violent sexual assaults, with or without a weapon,
must go before a judge and not a justice of the
peace for a bail hearing.
122. An on going assessment of the Justices of the Peace
who sit in the court rooms shall be done. . This
shall be province wide.
123. Have a toll free number for the Justices of the
Peace so that they can call and get the answers they
need. This is to be confidential.
124. There shall be a bail hearing night court to take
the overflow if there is any. (i.e. On a Monday
evening to take the excess from the weekend)
125. The evidence at this Inquest has demonstrated the
importance of bail hearings in the administration
of justice, particularly as they relate to the
protection of the public. It is imperative that
Justices of the Peace conducting bail hearings be
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fully competent to conduct them. The Coordinator
of the Office of Justices of the Peace shall take
all possible steps forthwith to ensure that:
(a) All Justices of the Peace shall be highly
trained. They shall receive formal and
mandatory training in all aspects of bail
hearings. This mandatory training shall be
ongoing. For newly appointed Justices of the
Peace, such mandatory training shall take place
prior to the commencement of their duties and
shall conclude with formal evaluation.
(b) All Justices of the Peace presiding at bail
hearings shall e provided with a comprehensive
and easy-to-read manual on bail hearings. This
manual shall contain a checklist detailing all
of the factors relevant to the primary and
secondary grounds. It shall also contain a
check list detailing conditions of release
which may reasonably be considered at a bail
hearing. Both checklists shall be in a form
that permits easy access and use by Justices
of the Peace conducting bail hearings.
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Law Society of Upper Canada
126. Rule 4. Rules of Professional Conduct. The Defense
must be obligated to inform the Crown if the accused
is talking of harming himself or someone else.
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GENERAL RECOMMENDATIONS
Accountability
127. We, the jury, representing the people of Ontario,
are losing faith in our justice system due to the
lack of accountability by our public officials.
Our law enforcement agencies seem unable to stop the
proliferation of crimes in the streets and homes of
our communities, particularly violent criminal
offences with weapons.
We therefore recommend the creation of a provincial
commission under the authority of appropriate
government ministries, with representation from all
sectors of our society to study the ways and means
to implement accountability to the public by public
officials in the law enforcement agencies. Crown
Attorney's Offices, Judicial Branch, Corrections
and the Parole System in the Province, for the
protection, ' security and safety of the people of
Ontario .
Signature of Coroner
Signature of Foreman
We have attempted, through our recommendations which
are to follow, to stress accountability throughout
our system, and we hope this commission will further
our goals and monitor the outcome.
THE CORONER'S ACT
128. The Chief Coroner and Coroners of Ontario are "the
voice of the dead for the benefit of the living"
therefore; for that voice to be heard for the
benefits of the living, the power of the Chief
Coroner of Ontario under
the
provisions
of
the
Coroner ' s Ac t ,
to
counsel
the
Government
for
the
implementation
of
jury recommendations,
must
be
increased .
The Coroners Act shall be amended to provide that
Agencies, Ministries and Officials, or persons to
whom these recommendations are directed to, must
respond to the Chief Coroner of Ontario in a timely
fashion .
Signature of Coroner
Signature of Foreman
a
Provincial Charter of Rights for Victims
129. We, the jury, through the evidence that was
presented, feel there must be a Charter of Rights
for victims. The purpose of this Charter is to stop
victims from being re-victimized. This Charter is
to be passed on to the Solicitor General of Canada
for adoption across the country.
Some of these rights may include:
(a) The choice by the victim of initial
investigator, properly trained to handle their
position. Gender to be the option of the
victim .
(b) The protection of the victim in a fast and
logical manner.
(c) A safe house funded by ' the Solicitor General.
(d) The right to anonymity and privacy from' media
scrutiny .
(e) The victim to be continually informed of the
ongoing progress of the investigation and
prosecution of the case.
(f) Victims must be offered emotional and
professional support and counselling.
Signature of Coroner
Signature of Foreman
Kecommtmua '
(g) The victim(s) of assaults must be notified when
an accused or convicted person is released from
custody (i.e. weekend pass or complete
discharge from jail or on bail) .
Signature of Coroner
Signature of Foreman
Recommendations
Sexual Assault Registry
130. The Solicitor General of Ontario shall study 11 The
Implementation of an Ontario Central Registry for
Violent Sexual Assault Occurrences" .
The purpose of this Registry shall be to alert law
enforcement agencies of previous occurrences of a
violent sexual nature relating to the person(s) of
his/her ongoing investigation and the possibility
that the investigated person(s) by their actions may
be a serial, violent sexual offender, dangerods to
the community at large.
Reporting such occurrence ( s ) to the Central Registry
must be mandatory.
The alleged use of any weapon(s) referable to
violent assault or sexual assault occurrence ( s ) as
information about an alleged perpetrator must be of
Signature of Coroner
Signature of Foreman
Recommendations
paramount importance to investigators and
prosecutors for the protection of the public and the
complainant.
All information in the Central Registry shall be
"confidential", to be shared by all the law
enforcement agencies in Ontario .
Signature of Foreman
Signature of Coroner
Kecoiamttiiuci
Government to Study Anonymity
131. The question of the right of the victim to anonymity
must be studied by government. A broadly based
committee must be established to undertake this
task .
132. The Attorney General of Ontario shall issue a Sexual
Offences pamphlet for a complainant ( s ) .
Under the authority of the Attorney General . of
Ontario, a sexual offences pamphlet should be
printed to be distributed by police officers at the
initial stage of the investigation.
On it, a clear and concise explanation of the
complainant's legal rights and duties, choices,
rights of help and protection.
Signature of Coroner
Signature of Foreman
Recommendations
WEAPONS
133. A Central Recording and Licensing Registry must be
created to record all firearms in the province of
Ontario .
Persons eligible to receive an F.A.C. license must
have a photo taken.
134. When you go to purchase a firearm there must be a
seven day waiting period in order to make sure
everything is in order. The serial number is then
sent to the Central Registry Office and is also put
on to your F.A.C.
135. When you are privately selling a firearm to anotherr
person you and that person must go down to the
Registry Office together. You both have to show
your licenses and have a legal bill of sales. This
Signature of Coroner
Signature of Foreman
I
Recommendations
RESEARCH
i
136. The Ontario Government shall establish a funded
grant to an appropriate institution in Ontario; for
the study, research and treatment of personality
disorders .
The evidence at this inquest has clearly indicated
that following a diagnosis of personality disorder,
there is minimal help for such persons in our
province .
The lack of medical facilities to treat such
disorders is detrimental to the safety of our
society .
137. The Ontario government shall increase the budget for
law enforcement agencies in response to the increase
in violent criminal offenses.
Signature of Coroner Signature of Foreman
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